Guidelines on the Legal Apprenticeship Program in the Supreme Court and Other Collegiate Appellate Courts

March 9, 2010

EN BANC

[B.M. No. 1552-A]

GUIDELINES ON THELEGAL APPRENTICESHIP PROGRAM IN THE SUPREME COURT AND OTHER COLLEGIATE APPELLATE COURTS

RESOLUTION

Acting on the proposal of Associate Justice Arturo D. Brion to allow legal apprenticeship in the Court and in the appellate courts, the Court resolved to APPROVE the following Guidelines on the Legal Apprenticeship Program in the Supreme Court and Other Collegiate Appellate Courts:

Guidelines on the Legal Apprenticeship Program in the Supreme Court and Other Collegiate Appellate Courts

1.   The Program. The apprenticeship of 4th year law students shall be referred to as Legal Apprenticeship Program. The law students undergoing the legal apprenticeship program shall be addressed as students-at-law.

2.   Objectives. The program aims to acquaint the students-at-law with (a) the review and other processes of the court to which they are assigned; (b) the ethical standards in the administration of justice; and (c) the hands-on-training on legal research and writing.

3.   Duration. The program shall be conducted during the regular summer school break in April and May under a schedule that would allow the students-at-law to work for at least 160 hours.

4.   Accreditation of Law Schools. The program shall be open only to incoming 4th year law students from the law schools included in the list approved by the Chief Justice or by the Presiding Justice (hereinafter referred to as "accredited law schools"). Request for school accreditation shall commence upon approval of this resolution and shall end on March 31, 2010. For this pilot phase of the program, preference shall be given to Metro Manila-based law schools.

5.   Application Requirements. Qualified students may file their applications: (1) with the Office of the Chief Justice, for Supreme Court applications; (2) with the Presiding Justice, for collegiate appellate court applications; or (3) directly with the intended supervising Justice. All applicants are required to submit a written application for the Legal Apprenticeship Program, a copy of their curriculum vitae, a recommendation and/or endorsement from the dean of their law school, and proof that their law school is an accredited law school. EcIaTA

6.   Number of Apprentices per Justice. Every Justice of the Supreme Court and of the collegiate appellate courts shall be allowed a maximum of two (2) students-at-law from any of the accredited law schools.

7.   Supervision. The student-at-law shall be under the direct supervision of the participating Justice, and not of the latter's legal or administrative staff.

8.   Workplace and Working Hours. Students-at-law shall work at the individual Justice's office premises only during regular office hours and shall not be allowed access to these premises after office hours, except with the express authority of the supervising Justice and only under conditions the Justice may impose.

9.   Access to Records. Students-at-law may be granted access to rollos and other court records subject to the following rules:

a.   Students-at-law can be allowed access only to specific rollos and other court records under the express written authority of their supervising Justice;

b.   No rollos or any other court records can be brought outside the premises of the supervising Justice's office;

c.   Copying or reproduction of files shall be with the express authority of the supervising Justice, and in no case shall the copied materials be brought outside court premises or shown to outside parties;

d.   Drafts and research materials shall be submitted directly to the supervising Justice and shall not be shown or transmitted to outside parties before and after completion of the program.

10.   Access to Court Library. Students-at-law may borrow books and other materials from the court library under conditions that the library shall impose, and shall be required to submit a library clearance before any report of completion of the program can be issued to their respective law schools. The students-at-law shall replace or pay for the cost of any book or library material that he or she may fail to return to the library.

11.   Code of Conduct. In the implementation of the program, the supervising Justice and the student-at-law shall respectively observe and be bound by the Code of Conduct for the Court Personnel and the Code of Judicial Conduct for the Philippine Judiciary.

12.   Confidentiality. The students-at-law shall be bound by the rule on confidentiality applicable to court employees.

13.   Assessment and Monitoring. The supervising Justice shall monitor and assess the progress of the student-at-law during the program. At the end of the program, the supervising Justice shall prepare and issue a final rating on and assessment of the student-at-law's performance in accordance with the rating system of his or her law school. The supervising Justice shall submit the final rating to the Office of the Chief Justice or to the Office of the Presiding Justice, as the case may be, with a copy to the student-at-law.

14.   Accountability and Turn Over of Records. The students-at-law shall be accountable for and shall turnover all the office records and materials entrusted to their custody during the program — including electronic files in their possession involving their work under the legal apprenticeship program — as a condition for the grant of the supervising Justice's final rating report. HCITcA

15.   Sanctions and Penalties. Noncompliance with the security, confidentiality and ethical rules shall be under pain of administrative and penal sanctions, as the law may provide and as the Supreme Court may impose. In the appropriate cases, the sanctions may include disqualification from taking the Bar examinations. Any Court-imposed sanction shall be without prejudice to the sanctions that the law schools may impose.

16.   Explanation of Guidelines. These rules and the operations of these guidelines shall be explained to every student-at-law at the start of the program.

17.   Allowances. Subject to the availability of funds, the student-at-law shall receive a modest allowance during the period of legal apprenticeship, as determined by the Chief Justice or by the Presiding Justice. The Presiding Justice shall endeavor to coordinate with the Chief Justice to achieve uniformity of allowances across the different appellate courts.

This Resolution supersedes Memorandum Circular No. 5-2003 dated June 25, 2003 to the extent that it is in conflict with these Guidelines, and shall take effect immediately.

(SGD.) REYNATO S. PUNOChief Justice

(SGD.) ANTONIO T. CARPIOAssociate JusticeSupreme Court of the Philippines

(SGD.) RENATO C. CORONAAssociate JusticeSupreme Court of the Philippines

(SGD.) CONCHITA CARPIO-MORALESAssociate JusticeSupreme Court of the Philippines

(SGD.) PRESBITERO J. VELASCO, JR.Associate JusticeSupreme Court of the Philippines

(SGD.) ANTONIO EDUARDO B. NACHURAAssociate JusticeSupreme Court of the Philippines

(SGD.) TERESITA J. LEONARDO-DE CASTROAssociate JusticeSupreme Court of the Philippines

(SGD.) ARTURO D. BRIONAssociate JusticeSupreme Court of the Philippines

(SGD.) DIOSDADO M. PERALTAAssociate JusticeSupreme Court of the Philippines

(SGD.) LUCAS P. BERSAMINAssociate JusticeSupreme Court of the Philippines

(SGD.) MARIANO C. DEL CASTILLOAssociate JusticeSupreme Court of the Philippines

(SGD.) ROBERTO A. ABADAssociate JusticeSupreme Court of the Philippines

(SGD.) MARTIN S. VILLARAMA, JR.Associate JusticeSupreme Court of the Philippines

(SGD.) JOSE PORTUGAL PEREZAssociate JusticeSupreme Court of the Philippines

(SGD.) JOSE CATRAL MENDOZAAssociate JusticeSupreme Court of the Philippines